Just a quarter of suspected Covid-19 breaches have been charged

The Director of Public Prosecutions (DPP) has directed charges against only a quarter of those suspected of breaching the coronavirus movement restrictions.

Since April 8th, gardaí have initiated enforcement proceedings 263 times, mostly involving people who have been found engaging in non-essential travel and refused garda directions to comply with the regulations or to supply their names and address.

During the same period, the DPP has directed charges be brought in 66 incidents, or 25 per cent.

The Garda must consult with the DPP before bringing charges under the legislation.

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Gardaí are still awaiting direction from the DPP in some cases and the proportion of those charged with an offence is expected to increase as the backlog is cleared.

However, it is understood that in a significant number of cases the DPP has been reluctant to recommend charges. These include cases where the exact breaches of the regulations are open to doubt.

For example, if a person arrested by gardaí is feasibly arguing their journey is essential, the DPP is unlikely to recommend charges, even if that argument is not accepted by the arresting garda, legal and Garda sources said.

The DPP has also declined to recommend charges in cases where it is not clear that the Garda gave the suspect enough opportunity to comply with the regulations. Gardaí have been instructed to take a graduated approach to policing the Covid-19 legislation known as the “four Es” - engage, explain, encourage and, as a last resort, enforce.

There has also been some confusion in the Garda and the DPP's office about "grey areas" in what constitutes an essential journey, one source said. "I understand a number of incidents are still the subject of legal clarification," Minister for Justice Charlie Flanagan said earlier this month.

Ireland is not the only country experiencing difficulties in prosecuting people in breach of movement restrictions. This month it was reported in the UK that all 44 prosecutions brought under its Coronavirus Act 2020 had been dropped as the suspects had been incorrectly charged.

In Ireland, judges have been taking a tough line with the small number of people convicted of breaching the regulations, with offenders receiving terms of up to three months in prison.

Breaches of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 carry a penalty of up to six months in prisons and a €2,500 fine.

The latest figures were released by the Garda on Tuesday along with a statement from Commissioner Drew Harris that there continues to be "very good co-operation" from the public.

“We also remind people, particularly coming up to the bank holiday weekend, about not travelling to holiday homes or making non-essential journeys,” he said.

The slight easing of movement restrictions last week coincided with an apparent drop off in Garda enforcement actions. Gardaí arrested or took the names and addresses of 22 people in the last week for breaching the regulations, compared to 49 the week before and 53 the previous week.

Of the 263 enforcement actions, two related to detentions of people at risk of spreading Covid-19, the disease caused by coronavirus, at the direction of a medical professional.

There have now been 80 incidents of alleged coughing or spitting at gardaí (up ten over the last week) while members have deployed spit-hoods 60 times, an increase of three in the last week.

"These disgraceful spitting and coughing attacks on gardaí while simply carrying out their lawful duties remains a serious concern for the organisation. These are a significant health and safety risk to our members in the current environment. We must protect them from such attacks," said Mr Harris.

Separately, figures from the Department of Justice show the courts have returned eight people to prison for allegedly committing further offences while on temporary release due to the pandemic.

Since the start of the crisis in March the Irish Prison Service has released 572 prisoners on full or reviewable temporary release, according to the Department of Justice, bringing the prison population to its lowest level in many months. The prison system is currently at 86 per cent capacity compared to 93 per cent capacity in January.

The Dóchas Centre, a women’s prison in the Mountjoy complex, has dropped from 100 per cent capacity to just 71 per cent. Just under 40 per cent of its population is currently out on temporary release.

The number who had returned to prison having allegedly committed further offences represents one per cent of those granted temporary release. It is understood most have returned on relatively minor charges such as theft and breaching the terms of their release.